Mabunda v Fidelity Security Services (Pty) Ltd and Another (J436/12) [2014] ZALCJHB 412 (22 October 2014)

Mabunda v Fidelity Security Services (Pty) Ltd and Another (J436/12) [2014] ZALCJHB 412 (22 October 2014)

The respondents were found to have deliberately and unreasonably failed to comply with the Labour Court order dated 23 May 2012, which enforced the CCMA arbitration award. Their attempts to negotiate the amount due and to alter the applicant's employment conditions were rejected as invalid justifications. The court held that the respondents' conduct constituted contempt, as they failed to restore the applicant to his grade A position and pay him at the prescribed rate. The calculation of the amount owed was based on the grade A wage, applicable increments, and interest, resulting in a total of R63,214.13 minus tax. The court declined to order committal of the second respondent, finding...

Citation
[2014] ZALCJHB 412
Parties
Applicant: Sonny Evans Mabunda; Respondent: Fidelity Security Services (Pty) Ltd; Respondent: Wahl Bartmann
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 October 2014
Case Number
J436/12
Procedural Posture
Contempt Application / Final Determination After Submissions and Hearing
Outcome
The respondents are found in contempt of court for failing to comply with the order dated 23 May 2012. The respondents are ordered to comply with the order and the first respondent is ordered to pay the applicant R63,214.13 minus prescribed tax.
Judges
Lallie
Legal Topics
Contempt of Court, Enforcement of Arbitration Award, Remuneration Dispute, Unfair Labour Practice
Labour Law Civil Procedure Contempt of Court Enforcement of Arbitration Award Remuneration Dispute Unfair Labour Practice

Case Brief

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Parties

Sonny Evans Mabunda

Applicant

Fidelity Security Services (Pty) Ltd

Respondent

Wahl Bartmann

Respondent

Procedural Posture

Contempt Application / Final Determination After Submissions and Hearing

Legal Issues

  1. 1 Whether the respondents are in contempt of court for failing to comply with the Labour Court order dated 23 May 2012.
  2. 2 Whether the respondents' attempts to alter the applicant's employment conditions constitute a valid justification for non-compliance.
  3. 3 What amount is due to the applicant as a result of the respondents' failure to comply with the court order.

Ratio Decidendi

The respondents were found to have deliberately and unreasonably failed to comply with the Labour Court order dated 23 May 2012, which enforced the CCMA arbitration award. Their attempts to negotiate the amount due and to alter the applicant's employment conditions were rejected as invalid justifications. The court held that the respondents' conduct constituted contempt, as they failed to restore the applicant to his grade A position and pay him at the prescribed rate. The calculation of the amount owed was based on the grade A wage, applicable increments, and interest, resulting in a total of R63,214.13 minus tax. The court declined to order committal of the second respondent, finding...

Court Disposition

The respondents are found in contempt of court for failing to comply with the order dated 23 May 2012. The respondents are ordered to comply with the order and the first respondent is ordered to pay the applicant R63,214.13 minus prescribed tax.

Orders

  • The respondents have committed contempt of court for failing to comply with the order of this court dated 23 May 2012.
  • The respondents are ordered to comply with the order dated 23 May 2012.